Cheruiyot urges IPOA to act amid concerns of political interference in policing
Senate Majority Leader Aaron Cheruiyot has called on Kenya’s independent institutions, particularly the Independent Policing Oversight Authority (IPOA), to assert their constitutional mandate and act decisively amid rising concerns over political interference in law enforcement.
Speaking during an interview on a local TV station on Monday, June 2, 2025, Cheruiyot expressed frustration at what he termed as a worrying silence from agencies mandated to check police conduct, especially in light of recent incidents involving alleged abuse of power.
The Senator’s remarks come against a backdrop of increasing public concern over the actions of the police during public demonstrations, including reports of arbitrary arrests, disappearances, and the alleged targeting of civilians through surveillance.
“You, as a police officer. Because it hasn’t been challenged, to the best of my knowledge, these are applicable procedures, which slowly, by slowly, are getting better. The speed is not what you’d expect,” he said.
He acknowledged that law enforcement officers often find themselves in complex and difficult situations, but warned that such circumstances should not be used as justification for violating constitutional rights.
“There’s a reason why they behave in a certain way,” he said. “Only that, from where we sit—from the comfort of where we’re going, we may not appreciate some of the decisions they make in confrontation with people.”
Rogue police service?
Cheruiyot further pointed out that while some individuals within protests may have criminal intentions, this does not excuse the mistreatment of civilians or peaceful demonstrators.
Referencing a widely discussed case involving Rose Njeri, a young woman who is in police custody over her online activism, Cheruiyot expressed disbelief at the rationale offered for such actions.
“It’s unfortunate. If what you’re reading is what it is, then I’d really wish to sit and be made to understand how an app will make somebody an enemy of the state… what is the threat that they pose to national security?” he posed.
The legislator criticised the failure of independent institutions to take a proactive role in addressing these concerns, stating that the Constitution provides a clear framework for how such bodies are expected to function, independent of executive influence.
“This is the issue. The Constitution says: obey, reserve protection… people have the right to express themselves, the right to organise,” Cheruiyot explained.
He cited Article 239 and other relevant provisions that stipulate the independence of offices such as the Inspector General, Auditor General, and the Controller of Budget.
“The Constitution gives them a silo kind of authority, where upon appointment and approval, they are left to go about their duty. The trigger process for either calling them or finding them at fault is not a presidential decision,” he said.
Cheruiyot emphasised that when serious allegations of misconduct arise, including deaths, injuries, and abductions during protests, the relevant bodies must initiate inquiries, even in the absence of a presidential directive.
“When more than 100 are arrested, when many are being injured, when many people disappear, and we see that we have an independent police service clearly, the police service has gone wrong,” he asserted. “IPOA and other agencies have a duty to act.”
When asked whether the President should take responsibility or action in such cases, Cheruiyot Ruto is limited by the constitution.
“To follow your line of argument is to say, because as President you bear the highest responsibility, you must act. But the Constitution doesn’t give him the power to directly intervene in independent offices. That’s why you have IPOA, the National Police Service Commission, and others.”
He suggested, however, that the President could help facilitate a national conversation or even call for a commission of inquiry if the scale of violations warrants such action.
Cheruiyot reaffirmed his support for the constitutional order and the independence of oversight institutions.
“If the police have gone rogue, the law provides for mechanisms to deal with that, not silence. Not denial. Not inaction.”
